LANSCO CORPORATION v. KAMPEAS

4990, 603066/08

87 A.D.3d 421 (2011)

927 N.Y.S.2d 647

2011 NY Slip Op 6188

THE LANSCO CORPORATION, Respondent, v. JACKY KAMPEAS et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 4, 2011.


The record establishes that plaintiff misnamed the corporate signatory to the parties' agreement, and that there was no wrongful conduct by the individual defendant. Accordingly, the IAS court should have granted defendants' motion to dismiss to the extent of dismissing this action against the individual defendant (cf. Imero Fiorentino Assoc. v Green, 85 A.D.2d 419, 420-421 [1982]), and amending the caption and complaint to substitute...

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